§ 4-2-708 — Seller's damages for nonacceptance or repudiation

Colorado § 4-2-708

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(1) Subject to
subsection (2) of this section and to the provisions of this article with respect to
proof of market price (section 4-2-723), the measure of damages for
nonacceptance or repudiation by the buyer is the difference between the market
price at the time and place for tender and the unpaid contract price, together with
any incidental damages provided in this article (section 4-2-710), but less expenses
saved in consequence of the buyer's breach.

(2) If the measure of damages provided in subsection (1) of this section is
inadequate to put the seller in as good a position as performance would have done,
then the measure of damages is the profit (including reasonable overhead) which
the seller would have made from full performance by the buyer, together with any
incidental damages provided in this article (section 4-2-710), due allowance for
costs reasonably incurred and due credit for payments or proceeds of resale.

Legislative History

Source: L. 65: p. 1338, � 1. C.R.S. 1963: � 155-2-708.